Eligibility requirements

(a) In general To receive assistance under the Program, a person shall demonstrate to the Secretary that— (1) the person— (A) conducts substantial production, manufacturing, agricultural, processing, or related productive activity in the United States; (B) has incurred a documented net tariff injury and the injury is material relative to the applicant’s revenue, payroll, operating margin, capital expenditures, or cost of production; and (C) is in compliance with applicable Federal tax and labor laws, as determined by the Secretary, in consultation with the Secretary of the Treasury and the United States Trade Representative; and (2) assistance under the program will contribute to the person maintaining or increasing production, employment, investment, or productive capacity in the United States. (b) Keep it in America requirements To receive assistance under the program, a person shall agree to— (1) maintain substantially all production receiving the assistance in the United States; (2) not use the assistance to finance the relocation of United States production to a foreign country; (3) maintain employment at domestic facilities, subject to reasonable exceptions for ordinary business fluctuations; (4) use the assistance for working capital, payroll, domestic capital investment, domestic sourcing, worker training, productivity improvements, or other eligible domestic purposes; (5) disclose material relocations of production outside the United States; and (6) repay the assistance, in whole or in part, if the person materially violates any of the requirements of paragraphs (1) through (5).